38Development may be carried out with consent

38 Development may be carried out with consent

38 Development may be carried out with consent

(1) Development to which this Division applies may be carried out with consent.

(2) Development consent must not be granted under this Division unless the consent authority is satisfied that—

(a) the Planning Secretary has certified in a site compatibility certificate that, in the Planning Secretary’s opinion, the residential flat building is compatible with the surrounding land uses, and

(b) if the development relates to a building on land in a business zone—no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use.

(3) Nothing in this section prevents a consent authority from—

(a) consenting to development on a site by reference to site and design features that are more stringent than the ones identified in a site compatibility certificate for the same site, or

(b) refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the residential flat building with the surrounding land uses, or

(c) considering another matter in determining a development application.

(4) Car parking is not required to be provided in relation to development to which this Division applies other than in relation to the tenanted component of a residential flat building used as build-to-rent housing.

Note—

Section 74(2)(d) and (e) contain non-discretionary development standards for car parking in relation to development for the purposes of build-to-rent housing.

s 38: Am 2022 (99), Sch 1[2] [3].